Neutral Citation No. - 2025:AHC:136110 Court No. - 4 Case :- WRIT - A No. - 11522 of 2025 Petitioner :- Narendra Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pankaj Kumar Mishra,Rajesh Dutta Pandey Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the parties. Petitioner, when applied was claimed not to be aware of the pending criminal case as nothing further transpired after the charge sheet was submitted by the police in connection with case crime no. 43 of 2017, under Sections 147, 148, 323, 324, 504, 506, 452 IPC. Accordingly, he did not disclose this fact and now he has stood acquitted by the Judicial Magistrate vie judgment dated 03.07.2025 in Criminal Case No. 42 of 2017. It is thus, contended that following the judgment of Supreme Court in Avtar Singh v. Union of India and others 2016 (8) SCC 471 in which vide para 38 (10) & (11) guidelines have been laid down. Petitioner approaches the authority and the Court directs the authority to revisit the matter. Para 38 (10) & (11) of Avtar Singh (supra) is quoted hereunder: "38.(10) For determining suppression or false information attestation/ verification form has to be specific, not vague. Only such information which was required to be specifically mentioned has to be disclosed. If information not asked for but is relevant comes to knowledge of the employer the same can be considered in an objective manner while addressing the question of fitness. However, in such cases action cannot be taken on basis of suppression or submitting false information as to a fact which was not even asked for. (11). Before a person is held guilty of suppressio veri or suggestio falsi, knowledge of the fact must be attributable to him." Petitioner's candidature deserves reconsideration by calling a fresh character verification report from the police. Learned Standing Counsel could not dispute the acquittal, inasmuch as, the principles of law laid down by Supreme Court in the case of Avtar Singh (supra). In view of the above, the order impugned dated 07.07.2025 cancelling the candidature of the petitioner even after his acquittal in the criminal case deserves to be set aside and matter deserves to be remanded by the respondent no. 5 to revisit the issue in the light of judgment of Supreme Court in the case of Avtar Singh (supra). In view of the above, the order impugned dated 07.07.2025 is hereby quashed. Matter is remitted to the respondent no. 5 to call for a fresh character verification report and in the even report is submitted with no further criminal antecedents, the said respondent shall pass order considering the candidature for appointment of the petitioner. Appropriate order shall be passed after submission of police report. Petition thus, allowed in the above terms. Order Date :- 12.8.2025 IrfanUddin WRIA No. 11522 of 2025 2 Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad